The Criminal Procedure Rules 2012

Time of certification

This section has no associated Explanatory Memorandum

40.1.  Where a person is convicted of an offence as referred to in section 54(1)(b) of the Criminal Procedure and Investigations Act 1996(1) and it appears to the court before which the conviction has taken place that the provisions of section 54(2) are satisfied, the court shall make the certification referred to in section 54(2) at any time following conviction but no later than—

(a)immediately after the court sentences or otherwise deals with that person in respect of the offence; or

(b)where the court, being a magistrates’ court, commits that person to the Crown Court, or remits him to another magistrates’ court, to be dealt with in respect of the offence, immediately after he is so committed or remitted, as the case may be; or

(c)where that person is a child or young person and the court, being the Crown Court, remits him to a youth court to be dealt with in respect of the offence, immediately after he is so remitted.